The Clare People Archive

A 22-YEAR-OLD man has been acquitted of dangerous driving causing the death of a Kilrush man in west Clare two years ago.

Mark O’Gorman, of Woodfield Drive, Kilrush, pleaded not guilty to dangerous driving, causing the death of Gary Cotter (20), at Moyasta, Kilrush, at around 5am on April 11, 2004.

Stephen Coughlan, SC for the prosecution said it was the State’s case that the accused’s car, a silver Ford Focus, left the road and became airborne, as it travelled from Kilkee to Kilrush.

It travelled 11 metres and struck a gate pillar. Mr Coughlan said the car was travelling at around 66 mph.

“The State’s case is based on speed, nothing more. The speed at which he was travelling constituted dangerous driving,” said the barrister.

One taxi driver, who arrived on the scene, told the court that the accused said to him, “I killed him,” and “A cat crossed the road and I tried to avoid it.”

The court heard that gardaí who investigated the accident did not detect any smell of intoxication from the accused’s breath.

Two young Dublin girls who met the accused on the day of the deceased’s funeral told the trial that he admitted to them that he was speeding.

“Mark told us he was speeding on the night of the accident and he was going to tell the gardaí the truth. The last time he looked at the speedometer, it was 70. It could have gone higher or lower than that,” said one girl.

Sergeant Colm Finn, a trained collision investigator, attended the scene of the accident more than a year after.

He said that after rounding a bend, the car travelled on the incorrect side of the road, before colliding with a pillar.

The accused’s barrister John Edwards SC put it to Sgt Finn, “You cannot find an obvious explanation for this accident,” and he replied, “No.”

Mr Edwards told the jury the case was tragic for both the Cotter family and the accused.

He said it was “reasonable to infer” the car was travelling in excess of the speed limit, but that it was not “grossly” in excess of it.

“The question is was it dangerous to drive at 66 mph on a straight stretch of road on a national secondary route? I say to you that it wasn’t,” he said.

He said the State did not prove the accused drove dangerously.

The jury returned a verdict of not guilty, and also decided the accused was not guilty of careless driving.

THE injuries sustained by a Shannon man in an accident in Spain may not have been as a result of a hit-and-run, it has emerged.

Ger Keane is in a critical condition in hospital in Spain with serious head injuries, following an incident while on a golfing holiday in Malaga last week.

It was initially thought he was the victim of a hit-andrun accident. However, a friend of Ger’s, who had travelled on previously holidays with the group, but was not available to travel to Malaga, said a clearer picture is now emerging.

“It seems that Ger came across two of this friends being mugged and went to get help. He was on his way back with a security guard and he may have jumped to get out of the way of a car and his head hit the footpath,” the friend said. “His injuries look like he may not have been hit by a car. Nobody actually saw what happened so it is not certain at this stage.”

Members of Ger’s family have travelled to Spain to be with him. Ger, who is in his early 40s, is well known in sporting circles in Shannon, particularly through his connection with Park Rangers soccer club, where he has played and coached youngsters.

A THIEF roared at gardaí that he hoped they would “die a slow and agonising death” and tried to kick one of them in the face, a judge heard.

William Delaney, a Traveller with an address at Gort Road Industrial Estate, Ennis, pleaded guilty before Ennis District Court to stealing aluminium worth €1,000 at Quin Road Business Park on January 30. He also pleaded guilty to a charge under the Public Order Act.

The court heard that Delaney claimed he had been told by an employee of McCarthy builders that he could take the aluminium but that when gardai were called, he did not identify the person who had given him permission.

“He became abusive to a number of employees of the company and to gardaí at the scene,” a garda witness told Judge Joseph Mangan. “He roared that he hoped they would die a slow and painful death and he tried to kick a garda in the face.”

The man’s solicitor said that Delaney “was on medication on the day in question, although he is not offering this as an excuse and he is not offering this as an excuse for behaving without decorum. He has apologised profusely.”

The court heard that the aluminium was recovered. Delaney has seven previous convictions, Judge Mangan was told. The judge jailed Delaney for five months for the theft and two months for the Public Order offence. He set bail for an appeal at €750.

THE Holy Family School in Ennis yesterday expressed its concern at the impact of a proposed move by Ennis National School, to a new site without proper planning, on the future educational needs of the town.

The school yesterday reiterated its call for a sociological survey to be carried out before Ennis National School or Cloughleigh National School relocate to new sites, in the wake of Clare County Council and Ennis Town Council proposing to rezone a site at Ashline on the Kilrush Road to facilitate the relocation of Ennis National School.

Chairperson of the Board of Management of Holy Family, Ciana Campbell told The Clare People , “It is a matter of urgency that the sociological study be carried out. It is not good enough that it is proposed to build a new school and wait for a new community to be built around it. We have consistently asked for the study and are still asking for it. We don’t know why it hasn’t been carried out.”

The Board of Holy Family is now likely to make a submission to Clare County Council on the proposed rezoning and the impact it will have on the school.

Principal of Holy Family senior school, Margaret Cooney said, “We are opposed to any move by any school without proper planning. The planning that needs to be done around the proposed move by Ennis National School hasn’t been done.

“The council’s planner’s report into the rezoning talks about a new community being created around the new Ennis National School, but there is no mention of the impact this will have on the present community. The report has talked about the environment impacts, but said nothing about the human impact,” she added.

Ms Cooney pointed out that Holy Family’s Board wrote to Bishop Willie Walsh in 2002 seeking an independent sociological survey to assess the impact on other schools.

“This hasn’t been done. With Ennis and Cloughleigh moving, there is nothing going to be put in their place. Holy Family is at capacity and these are huge issues that nobody is addressing,” she said.

Ms Cooney also said she would not allow prefabs to be erected on Holy Family School.

“Personally, I would like to see a single stream school remain at the Ennis National School site. With the expansion of Ennis, we should be talking about additional schools for the town, not just relocating existing ones.”

THE number of pupils at Clare’s newest Steiner school is expected to double next September.

The founding teacher at Mol an Óige school in Ennistymon, Una Ní Ghairbhith, made the prediction on the basis of expressions of interest to date.

However, the school continues to await Department of Education recognition, its application having failed due to a “technical hitch” last month.

The school is to re-apply later this year, in time for the 2007-08 academic year.

“Currently, we have 13 on the roll and already have confirmation for a further eight for September, and based on expressions of interest, we should have double the number of pupils in the school for next September,” said Ms Ní Ghairbhith.

Two full-time and one part-time teachers are to be employed next term in response to the demand.

To date, the pupils have been educated by one full-time teacher and one-part time teacher, while others have also contributed.

The school is to hold talks tonight and next Tuesday on “Education for the Whole Child”, with Nell Smyth and Johnathan Angus as speakers.

Ms Ní Ghairbhith said that Steiner education revolved around the “head, heart and hand” of the pupil.

“One of the most rewarding things is that the pupils are so alive to the art of learning,” she said.

“We would never say that this is the way to educate your child. It is another way and people can come along and find out what we are doing here.”

Ms Ni Ghairbhith said that the teacher-pupil ratio at the school “offers a very individualised education”.

She added that it would have been a bonus to secure departmental recognition this year.

“It is disappointing that we failed because of a technical hitch, but there is great belief here in what we are doing.”

With no recognition, continuing fundraising and parents contributions are to fund the school.

Ms Ní Ghairbhith said that parents contributed €35 per week per child, and there was a scale of payments thereafter.

For two pupils it costs €45 per week and for three, it costs €50.

“The school supplies everything such as books, pens and music instruments,” she said.

There are talks tonight and next Tuesday on Steiner education at 7.30pm at the Ennistymon library.

For further information, contact 065 6836939.

CLARE County Council has expressed “serious reservations” at plans to transform the Ballymaley Business Park in Ennis into a retail park.

Developers Galvin Construction, Ennis Industrial Properties and Gainsbridge Properties Ltd are seeking to change previously granted planning to three large retail warehouse units.

Instead, they want to develop seven large retail outlets, claiming they would generate some €20 million in retail revenues each year, on the back of a local market for “bulky goods”, estimated at €101 million. They also want to build two light industrial units on the 23 acre site.

The council has requested the developers to submit revised plans, stating it has “serious reservations”.

The reservations are based on the County Clare Retail Strategy, which identifies the Quin Road area as the only location close to the town centre with potential for a retail warehouse park.

“Furthermore, the loss of light industrial units having specific regard to the limited amount of industrial zoned land within Ennis town is of concern,” the council states.

There is also concern that the development “may result in a serious traffic hazard, as it represents a significant deviation from the existing use of the site and the traffic generated as a result of a development of this scale is substantial in terms of servicing these units and customers.”

The council emphasised the lack of pedestrian links into Ennis.

The developers must provide a pedestrian link between the proposed development, the nearby Tom Hogan Motors and the Ballymaley halting site.

The existing access road is described as “substandard” and unable to accommodate a development of this scale. In addition, the proposed junction arrangement has been deemed unacceptable, because of its impact on existing accesses onto the N18.

It would “adversely affect any access to the lands zoned for development on the opposite side of the road”.

The developers have been asked, when submitting their revised proposals, to significantly address concerned outlined, and to explain the various figures contained in its Retail Impact Statement submitted.

A decision is due on the application later this year.

INTRODUCING safety and health education into schools could make the single biggest difference to keeping the next generation safe at work.

That’s according to Minister for Labour Affairs, Tony Killeen, who yesterday presented three Clare schools with awards for their work on the subject.

And the Health and Safety Authority has commissioned the National Council for Curriculum Assessment to look at ways of introducing risk education into the classroom right through from primary school to postprimary.

The project involved teaching students key safety concepts, risk assessment, work experience and preparation for the world of work, manual handling and ergonomics and understanding chemical safety.

Minister Killeen presented certificates to post-Junior Cert students and teachers in 15 post-primary schools, across counties Clare, Galway, Mayo and Roscommon for their participation in the training and roll-out of a safety and health module.

The three Clare schools taking part are Ennis Community College, Scoil Mhuire, Ennistymon and St.Josephs Secondary School, Tulla.

The minister said that there are more than 300,000 workers aged 15 to 24 in the Irish workforce, according to CSO figures and European research shows that young workers, between 18 and 24 are 50% more likely to have an accident at work than their older counterparts.

“We need to bring the safety message into every level of education so that it’s the first thing we think of no matter what activity we are about to undertake.

“Whether it’s driving a car, serving food in a restaurant or operating a machine – the principles are the same.

“If we have the skills to identify hazards, assess the risk and do something about it, then we’re significantly reducing our chances of having an accident,” Minister Kileen said.

Minister Killeen paid special tribute to all the students who took part in the pilot project, adding that he hoped it would be the first step to the introduction of safety education into classrooms across the country.

Chairman of the Authority, Jim Lyons said, the initiative “is about taking the workplace safety message to the younger generation so that we can begin to foster that all-important safety first-mindset.

“With up to 70% of post-primary students in part-time jobs, the need to equip young people with the right skills to keep themselves and their co-workers safe is more important than ever.”

THE 19-year-old Limerick man who was shot to death last Wednesday night, at Blackwater near Ardnacrusha, was facing a Circuit Court trial in Ennis later this year after he allegedly stole €10,000 worth of property from houses in the county in 2005.

Aidan Kelly of College Avenue, Moyross in Limerick, died in hospital soon after he was discovered lying in a laneway with several gunshot wounds to his body. Gardaí have confirmed that he was known to them but that he would not have been considered to be a “serious criminal.”

While the dead man had several previous convictions, it is thought that they were mainly for road traffic offences.

He appeared at Tulla District Court on Thursday, May 4, just six days before his death, where he faced two charges of burglary. However, after hearing evidence in the case, Judge Joseph Mangan refused jurisdiction in the matter and ruled that the case should be dealt with in the Circuit Court.

Property including building equipment, tools and jewellery amounting to €10,000 were stolen during burglaries at two houses in the Tulla area of east Clare in August 2005.

The accused was arrested at his home in Limerick some weeks later and was taken to Killaloe garda station for questioning. Some of that property was later recovered.

Kelly was released on bail and had been due to appear again at Tulla District Court in July 6, for service of the book of evidence.

THE second gangland murder in Clare in less than seven months has sparked fears that Limerick gangs will continue to use the area to conduct criminal activity.

Nineteen-year-old Aidan Kelly, a small-time criminal from Moyross in Limerick, was shot up to five times in a laneway in Blackwater, at around 11pm last Wednesday night. Kelly was alive when he was discovered but was pronounced dead a short time later at the Mid Western Regional Hospital in Limerick.

According to gardai involved in the investigation, he was “lured to the area” and shot dead. A rifle, found close to his body in his Opel Astra car, was taken away for analysis but gardai say they believe it was not the murder weapon.

The shooting happened just yards from the home of Sean Poland, a car salesman who was shot dead on New Year’s Eve in 2002.

This latest killing in the quiet area is a further devastating blow for east Clare. Last October, the people of Parteen were plunged into shock, when Limerick man David Nunan (25) was killed in gangland style and his body was found in a laneway.

Limerick gardai are investigating all three murders, as these parts of east Clare are in the Limerick Garda Division. Clare Chief Supt Liam Quinn said areas like Blackwater are monitored by criminal gangs from Limerick.

“It is very much a Limerick issue. These areas are obviously chosen specifically from a criminal’s point of view,” he said.

He said that while there are few garda resources in east Clare, it is no different to any other rural part of the country.

“There are few garda resources in all of rural Ireland. It could just as easily have been in rural Limerick,” he said.

Fine Gael Justice spokesman Jim O’Keeffe said people all over rural Ireland are particularly concerned about gangland crime, which is no longer confined to the large urban centres.

“There is an overspill of gangland crime and this brings home to people it is not just for cities.

“We have mobile criminals now and this is a worrying development. This is another reason for ensuring garda numbers in rural Ireland are not reduced.

“If criminals feel under too much pressure in urban areas, there is a tendency to converge on relatively remote areas, areas where there is no police strength,” said Deputy O’Keeffe.

East Clare Labour Councillor Pascal Fitzgerald said last Wednesday’s murder again highlights the need for more gardai in the area.

“We need the extra gardai that we have been promised. This is the third death in the area in three years and the other two haven’t been solved,” he said.

“Blackwater is a nice, quiet community, but people do not see enough gardai in the area. Some people here are worried that this is the second murder in less than a year in the area,” he said.

TENSIONS ran high as the verdict was imminent. Joe Carey’s camp were huddled in one corner, while Tony Mulcahy walked to and fro, in front of the stage.

The recount added to the sweat, as Carey and Mulcahy waited and waited. Then the announcement that Mulcahy was victorious caused great disappointment in the Carey camp.

Supporters of the 30-year-old had been vocal throughout and his reference to the good old glory days, during his impassioned speech, created much reaction among his faithful.

After the outcome was announced, Carey – son of former TD Donal – was whisked away by his advisors and returned moments later to make a brief statement. He said many questions must be asked about the way the process was undertaken.

“I am very disappointed with the outcome of this convention. I, along with my supporters, have put an awful amount of work into today. Unfortunately the result was very close, with only three votes between us,” he said.

“I would really have to question a few things about today…the issue regarding a candidate withdrawing at the 11th hour. I need to reflect on that matter,” he told The Clare People .

“I believe that maybe procedures weren’t adhered to today and I feel (losing by) only three votes, there is merit in reviewing what happened here today,” he added.

He also said that, while victory eluded him on Sunday, he will continue to fly the Carey flag in politics.

“I am certainly not finished in politics. I have huge support. The people of the town of Ennis need a candidate to run in the next general election and the road doesn’t stop here for Joe Carey.

“I think the road is getting wider and I intend to travel it all the way up to Dáil Éireann.”

Earlier, Carey had told members that politics in the county was at a “crossroads” and required “new blood”, and that James Breen’s votes in Ennis must be targeted by Fine Gael.

Carey was first elected to Clare County Council in 1999, with 786 first preferences, and at the age of 23, became the youngest councillor in the county. He scooped a recordbreaking 1,939 votes and was reelected in 2004.